[Federal Register Volume 69, Number 11 (Friday, January 16, 2004)]
[Notices]
[Pages 2636-2637]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 04-682]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 52-009]
System Energy Resources, Inc; Notice of Hearing and Opportunity
To Petition for Leave To Intervene Early Site Permit for the Grand Gulf
ESP Site
Pursuant to the Atomic Energy Act of 1954, as amended (the Act),
and the regulations in Title 10 of the Code of Federal Regulations,
Part 50, Domestic Licensing of Production and Utilization Facilities,
Part 52, Early Site Permits, Standard Design Certifications, and
Combined Licenses for Nuclear Power Plants, and Part 2, Rules of
Practice for Domestic Licensing Proceedings and Issuance of Orders,
notice is hereby given that a hearing will be held, at a time and place
to be set in the future by the United States Nuclear Regulatory
Commission (NRC, the Commission) or designated Atomic Safety and
Licensing Board (Board). The hearing will consider the application
dated October 16, 2003, filed by System Energy Resources, Inc. (SERI),
a subsidiary of Entergy Corporation, pursuant to Subpart A of 10 CFR
Part 52 for an early site permit (ESP). The application requests
approval of a site for which it has 90 percentage ownership in
Claiborne County, Mississippi, approximately 25 miles south of
Vicksburg, Mississippi, 6 miles northwest of Port Gibson, Mississippi,
and 37 miles north-northeast of Natchez, Mississippi, as a location for
one or more new nuclear reactors that would, if authorized for
construction and operation in a separate licensing proceeding under
Subpart C of 10 CFR Part 52 or under 10 CFR Part 50, have a capacity of
no more than 8600 Megawatts (thermal) additional for the site. SERI has
the exclusive rights to develop the Grand Gulf site property outside
the existing power plant and support facilities. South Mississippi
Electric Power Association maintains a 10 percentage ownership interest
in the property associated with the existing Grand Gulf Nuclear Station
power plant and support facilities. The docket number established for
this application is 52-009.
The hearing will be conducted by a Board which will be designated
by the Chairman of the Atomic Safety and Licensing Board Panel or by
the Commission. Notice as to the membership of the Board will be
published in the Federal Register at a later date.
The NRC staff will complete a detailed technical review of the
application and will document its findings in a safety evaluation
report (SER) and an environmental impact statement (EIS). In addition,
the Commission will refer a copy of the application to the Advisory
Committee on Reactor Safeguards (ACRS) in accordance with 10 CFR 52.23,
and the ACRS will report on those portions of the application that
concern safety. Upon receipt of the ACRS report and completion of the
Nuclear Regulatory Commission (NRC) staff's SER and EIS, the Director,
Office of Nuclear Reactor Regulation, NRC, will propose findings on the
following issues:
Issues Pursuant to the Atomic Energy Act of 1954, as Amended
(1) Whether the issuance of an ESP will be inimical to the common
defense and security or to the health and safety of the public (Safety
Issue 1); and, (2) whether, taking into consideration the site criteria
contained in 10 CFR Part 100, a reactor, or reactors, having
characteristics that fall within the parameters for the site, can be
constructed and operated without undue risk to the health and safety of
the public (Safety Issue 2).
Issue Pursuant to the National Environmental Policy Act (NEPA) of 1969,
as Amended
Whether, in accordance with the requirements of Subpart A of 10 CFR
Part 51, the ESP should be issued as proposed.
The Board will conduct the hearing in accordance with Subpart G of
10 CFR Part 2. If the hearing is contested as defined by 10 CFR 2.4,
the presiding officer will consider Safety Issues 1 and 2 and the issue
pursuant to NEPA set forth above.
If the hearing is not a contested proceeding as defined by 10 CFR
2.4, the presiding officer will determine: whether the application and
the record of the proceeding contain sufficient information, and the
review of the application by the Commission's staff has been adequate
to support a negative finding on Safety Issue 1 above, and an
affirmative finding on Safety Issue 2 above, as proposed to be made by
the Director, Office of Nuclear Reactor Regulation; and whether the
review conducted by the Commission pursuant to NEPA has been adequate.
Regardless of whether the proceeding is contested or uncontested,
the presiding officer will: (1) Determine whether the requirements of
Section 102(2) (A), (C), and (E) of NEPA and Subpart A of 10 CFR Part
51 have been complied with in the proceeding; (2) independently
consider the final balance among the conflicting factors contained in
the record of the proceeding with a view to determining the appropriate
action to be taken; and (3) determine, after considering reasonable
alternatives, whether the ESP should be issued, denied, or
appropriately conditioned to protect environmental values.
In accordance with 10 CFR 2.714, any person whose interest may be
affected by this proceeding and who desires to participate as a party
shall file a written petition for leave to intervene. Petitions must
set forth with particularity the interest of the petitioner in the
proceeding, how that interest may be affected by the results of the
proceeding, including the reasons why the petitioner should be
permitted to intervene with particular reference to the factors set
forth in 10 CFR 2.714(d)(1), and the specific aspect or aspects of the
subject matter of the proceeding as to which the petitioner wishes to
intervene.
The Commission, the presiding officer, or the Atomic Safety and
Licensing Board designated to rule on petitions to intervene shall, in
ruling on petitions to intervene, consider the following factors, among
other things: (1) The nature of the petitioner's right under the Act to
be made a party to the proceeding, (2) the nature and extent of the
petitioner's property, financial, or other interest in the proceeding,
and (3) the possible effect of any order that may be entered in the
proceeding on the petitioner's interest.
All such petitions must be filed no later than 30 days from the
date of publication of this notice in the Federal Register. Nontimely
filings will not be entertained absent a determination by the
Commission, the presiding officer, or the Atomic Safety and Licensing
Board designated to rule on the petition, that the petition should be
granted based upon a balancing of the factors specified in 10 CFR
2.714(a)(1)(i)-(v).
The Board will convene a special prehearing conference of the
parties to the proceeding and persons who have filed petitions for
leave to intervene, or their counsel, to be held at such times as may
be appropriate, at a place to be set by the Board for the purpose of
dealing with the matters specified in 10 CFR 2.751a. Notice of this
special prehearing conference will be published in the Federal
Register. The Board will
[[Page 2637]]
convene a prehearing conference of the parties, or their counsel, to be
held subsequent to any special prehearing conference, after discovery
has been completed, or within such other time as may be appropriate, at
a time and place to be set by the Board for the purpose of dealing with
the matters specified in 10 CFR 2.752.
Not later than fifteen (15) days prior to the holding of the
special prehearing conference pursuant to Sec. 2.751a, or if no
special prehearing conference is held, fifteen (15) days prior to the
holding of the first prehearing conference, the petitioner shall file a
supplement to his or her petition to intervene that must include a list
of the contentions which petitioner seeks to have litigated in the
hearing. A petitioner who fails to file a supplement that satisfies the
requirements of 10 CFR 2.714(b)(2) with respect to at least one
contention will not be permitted to participate as a party. Additional
time for filing the supplement may be granted based upon a balancing of
the factors in 10 CFR 2.714(a)(1).
Each contention must consist of a specific statement of the issue
of law or fact to be raised or controverted. In addition, the
petitioner shall provide the following information with respect to each
contention: (1) A brief explanation of the bases of the contention, (2)
a concise statement of the alleged facts or expert opinion which
support the contention and on which the petitioner intends to rely in
proving the contention at the hearing, together with references to
those specific sources and documents of which the petitioner is aware
and on which the petitioner intends to rely to establish those facts or
expert opinion, and (3) sufficient information (which may include
information pursuant to 10 CFR 2.714(b)(2)(i) and (ii)) to show that a
genuine dispute exists with the applicant on a material issue of law or
fact. This showing must include references to the specific portions of
the application (including the applicant's environmental report and
safety report) that the petitioner disputes and the supporting reasons
for each dispute, or, if the petitioner believes that the application
fails to contain information on a relevant matter as required by law,
the identification of each failure and the supporting reasons for the
petitioner's belief. On issues arising under NEPA, the petitioner shall
file contentions based on the applicant's environmental report. The
petitioner can amend those contentions or file new contentions if there
are data or conclusions in the NRC draft or final EIS, or any
supplements relating thereto, that differ significantly from the data
or conclusions in the applicant's document.
The Commission, the presiding officer, or the Atomic Safety and
Licensing Board designated to rule on petitions to intervene shall, in
ruling on the admissibility of a contention, refuse to admit a
contention if: (1) The contention and supporting material fail to
satisfy the requirements of 10 CFR 2.714(b)(2); or (2) the contention,
if proven, would be of no consequence in the proceeding because it
would not entitle petitioner to relief.
A person permitted to intervene becomes a party to the proceeding,
subject to any limitations imposed pursuant to 10 CFR 2.714(f). Unless
otherwise expressly provided in the order allowing intervention, the
granting of a petition for leave to intervene does not change or
enlarge the issues specified in the notice of hearing.
Petitions for leave to intervene may be filed by delivery to the
NRC Public Document Room at One White Flint North, 11555 Rockville
Pike, Rockville, Maryland 20852-2738, or by mail addressed to the
Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001; Attention: Rulemakings and Adjudication Staff. Because of the
continuing disruptions in delivery of mail to United States Government
offices, it is also requested that petitions for leave to intervene be
transmitted to the Secretary of the Commission either by facsimile
transmission to 301-415-1101 or by e-mail to hearindocket@nrc.gov. A
copy of the petition should also be sent to the Assistant General
Counsel for Reactor Programs, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001, Joseph L. Blount, Entergy Nuclear, 1340
Echelon Parkway, Jackson, Mississippi, 39213, and to Mark J.
Wetterhahn, Esquire, Winston & Strawn LLP, 1400 L Street, NW.,
Washington, DC 20005-3502. All petitions must be accompanied by proof
of service upon all parties to the proceeding or their attorneys of
record.
A person who is not a party may, in the discretion of the presiding
officer, be permitted to make a limited appearance by making an oral or
written statement of his position on the issues at any session of the
hearing or any prehearing conference within such limits and on such
conditions as may be fixed by the presiding officer, but may not
otherwise participate in the proceeding.
A copy of the SERI ESP application is available for public
inspection at the Commission's Public Document Room (PDR), located at
One White Flint North, 11555 Rockville Pike (first floor), Rockville,
Maryland. Publicly available records are accessible from the Agencywide
Documents Access and Management System (ADAMS) Public Electronic
Reading Room on the Internet at the NRC Web site, http://www.nrc.gov/
reading-rm/adams.html. The accession number for the application is
ML032960315. Persons who do not have access to ADAMS, or who encounter
problems in accessing the documents located in ADAMS, should contact
the NRC Public Document Room staff by telephone at 1-800-397-4209, 301-
415-4737 or by e-mail to pdr@nrc.gov.
The application is also available to local residents at the
Harriette Person Memorial Library in Port Gibson, Mississippi, and is
available on the NRC Web page at http://www.nrc.gov/reactors/new-
licensing/license-reviews/esp.html.
Dated at Rockville, Maryland this 7th day of January, 2004.
For the Nuclear Regulatory Commission.
Annette Vietti-Cook,
Secretary of the Commission.
[FR Doc. 04-682 Filed 1-15-04; 8:45 am]
BILLING CODE 7590-01-P